Raj Kishor Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85463 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- VISHNUPAD District- Gaya ====================================================== 1.

Raj Kishor Paswan, S/o Devi Paswan Resident of Mohalla- C.C.L. Colony, Gandhi Nagar Road, Infront of Recreation Club, Ranchi, P.S.- Gonda, District- Ranchi (Jharkhand).

2.

Omkar Paswan S/o Devi Paswan Resident of Mohalla- C.C.L. Colony, Gandhi Nagar Road, Infront of Recreation Club, Ranchi, P.S.- Gonda, District- Ranchi (Jharkhand).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-06-2020 Heard Mr. Sanjay Kumar Sharma, learned counsel for the petitioners and Mr. Choubey Jawahar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Vishnupad P.S. Case No. 38 of 2019 dated 25.02.2019 instituted for the offences under Sections 363, 366(A)/34 of the Indian Penal Code. The informant has alleged that his daughter was kidnapped at the instance of his nephew (sister's son). The nephew of the informant disclosed the names of the petitioners and others who had helped him in taking away the daughter of the informant.

Learned counsel for the petitioners has

Patna High Court CR. MISC. No.85463 of 2019(4) dt.15-06-2020 2/2 submitted that but for this statement made by the nephew of the informant, there is no other material to connect the petitioners with the offence.

It has also been submitted that the daughter of the informant has married one Ram Kumar Paswan. In support of the aforesaid contention, a marriage certificate issued by the Marriage Officer, has been annexed with the petition. The case diary does not indicate any material to suggest that the petitioners had played any role in the occurrence. The petitioner no. 1 was also stated to be on duty when the occurrence is said to have taken place. Considering these aspects of the matter, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Vishnupad P.S. Case No. 38 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T